California 2013-2014 Regular Session Status: Enacted

SB 161 — Stop-loss insurance coverage.

Last action — Chaptered by Secretary of State. Chapter 443, Statutes of 2013.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 01, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law prohibits a person from transacting any class of insurance business, including health insurance, in this state without first being an admitted insurer. Under existing law, admission is secured by procuring a certificate of authority from the Insurance Commissioner. Existing law prohibits a health insurance policy from being issued or delivered to any person in this state unless specified requirements have been met, including that a copy of the form and premium rates are filed with the commissioner. Under existing law, if the commissioner notifies the health insurer that the filed form does not comply with specified requirements, it is unlawful for that health insurer to issue any health insurance policy in that form. Existing law, with respect to small employer health insurance, requires an insurer providing aggregate or specific stop-loss coverage or any other assumption of risk with reference to a health benefit plan, as defined, to provide that the plan meets specified requirements concerning preexisting condition provisions, waiting or affiliation periods, and late enrollees. Existing law, the federal Patient Protection and Affordable Care Act (PPACA) , commencing January 1, 2014, prohibits a group health plan and a health insurance issuer offering group or individual health insurance coverage from imposing any preexisting condition exclusion with respect to the plan or coverage. This bill would prohibit a stop-loss insurer, as defined, from excluding any employee or dependent on the basis of actual or expected health status-related factors, as specified. Except as specified, the bill would require a stop-loss insurer to renew, at the option of the small employer, all stop-loss insurance policies. The bill would prohibit a stop-loss insurance policy issued, reissued, or renewed on or after January 1, 2014, and prior to January 1, 2016, except as provided, to a small employer from containing certain individual or aggregate attachment points for a policy year or providing direct coverage, as defined, of an employee or his or her dependent. The bill would require a stop-loss insurer to report to the Department of Insurance, on April 1, 2014, and annually thereafter, the number of small employer stop-loss policies it had issued and in effect in the previous year, as specified. The bill would make a stop-loss insurer in violation of these provisions subject to administrative penalties and would prohibit the act from affecting the ongoing operations of multiple employer welfare arrangements that provide health care benefits to their members on a self-funded or partially self-funded basis and that comply with small group health reforms.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 443, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 25. Noes 11. Page 2034.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 51. Noes 21. Page 2723.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 14. Noes 3.) (August 14).

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 16. Noes 3.) (July 2).

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  12. Referred to Com. on HEALTH.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 32. Noes 4. Page 1200.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. Ordered to second reading.

  17. Read third time and amended.

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 4. Noes 1. Page 936.) (May 13).

  20. Set for hearing May 13.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 791.) (May 1). Re-referred to Com. on APPR.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  23. Set for hearing May 1.

  24. Referred to Com. on HEALTH.

  25. From printer. May be acted upon on or after March 6.

  26. Read first time.

  27. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Hernandez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Hernandez

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB161 Hernandez Concurrence

Passed 25 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221103
Democratic 3000
Total 251103
% of votes cast 64%28%0%8%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Hill — Nay
Liu — Yea
Steinberg — Yea
Hernandez — Yea
Leno — Yea
Wright — Yea
De León — Yea
Cannella — Not Voting
Fuller — Nay
Galgiani — Yea
Hancock — Yea
Block — Yea
Hueso — Yea
Huff — Nay
Knight — Nay
Lara — Yea
Lieu — Yea
Monning — Yea
Nielsen — Nay
Pavley — Yea
Roth — Yea
Torres — Yea
Vidak — Nay
Walters — Nay
Wolk — Not Voting
Corbett — Yea
Emmerson — Not Voting
Correa — Nay
Evans — Yea
DeSaulnier — Yea
Wyland — Nay
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 161 Hernandez Senate Third Reading By PEREA

Passed 51 Yea · 21 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 471806
Democratic 4000
Republican 0300
Total 512106
% of votes cast 65%27%0%8%
How each member voted (78)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Not Voting
Buchanan — Yea
Holden — Yea
Levine — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Nay
Olsen — Nay
Skinner — Yea
Ting — Yea
Waldron — Nay
Wilk — Nay
Frazier — Yea
Gomez — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Hall — Yea
Fong — Yea
Mitchell — Yea
Nazarian — Yea
Campos — Yea
Bonilla — Yea
Bocanegra — Yea
Gorell — Nay
John A. Pérez — Yea
Salas — Yea
Harkey — Nay
Allen — Nay
Jones-Sawyer — Yea
Chau — Yea
Logue — Nay
Medina — Not Voting
Chesbro — Yea
Melendez — Nay
Morrell — Nay
Bigelow — Nay
Chávez — Nay
Conway — Nay
Cooley — Yea
Donnelly — Nay
Eggman — Yea
Mullin — Yea
Nestande — Not Voting
Pan — Yea
Perea — Yea
Quirk — Not Voting
Rendon — Yea
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Williams — Yea
Daly — Not Voting
Dickinson — Yea
Fox — Not Voting
Gatto — Yea
Yamada — Yea
Gordon — Yea
Hagman — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13300
Democratic 1000
Total 14300
% of votes cast 82%18%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Harkey — Nay
Linder — Yea
Pan — Yea
Quirk — Yea
Wagner — Yea
Hall — Yea
Holden — Yea
Bocanegra — Yea
Weber — Yea
Gatto — Yea
Gomez — Yea
Campos — Yea
Bigelow — Nay
Donnelly — Nay
Eggman — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 16 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 15300
Total 16300
% of votes cast 84%16%0%0%
How each member voted (19)
Member Party Vote
Maienschein — Yea
Mansoor — Nay
Logue — Nay
Bonilla — Yea
Mitchell — Yea
Lowenthal — Yea
Atkins — Yea
Nazarian — Yea
Chesbro — Yea
Ammiano — Yea
Nestande — Yea
Pan — Yea
Wagner — Yea
Wieckowski — Yea
Wilk — Nay
Gomez — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea

Official roll call →

3rd Reading

Passed 32 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 30402
Democratic 2001
Total 32403
% of votes cast 82%10%0%8%
How each member voted (39)
Member Party Vote
Anderson — Yea
Hill — Nay
Knight — Nay
Monning — Yea
Walters — Yea
Corbett — Yea
Emmerson — Not Voting
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Wright — Yea
Cannella — Yea
Wyland — Yea
De León — Yea
Fuller — Not Voting
Galgiani — Yea
Hancock — Yea
Hernandez — Yea
Hueso — Yea
Huff — Nay
Beall — Yea
Block — Yea
Lara — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Nielsen — Nay
Pavley — Yea
Price — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Wolk — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 4 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3102
Democratic 1000
Total 4102
% of votes cast 57%14%0%29%
How each member voted (7)
Member Party Vote
Hill — Nay
Lara — Yea
Steinberg — Yea
Walters — Not Voting
De León — Yea
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 161 do?
Existing law prohibits a person from transacting any class of insurance business, including health insurance, in this state without first being an admitted insurer. Under existing law, admission is secured by procuring a certificate of authority from the Insurance Commissioner. Existing law prohibits a health insurance policy from being issued or delivered to any person in this state unless specified requirements have been met, including that a copy of the form and premium rates are filed with the commissioner. Under existing law, if the commissioner notifies the health insurer that the filed form does not comply with specified requirements, it is unlawful for that health insurer to issue any health insurance policy in that form. Existing law, with respect to small employer health insurance, requires an insurer providing aggregate or specific stop-loss coverage or any other assumption of risk with reference to a health benefit plan, as defined, to provide that the plan meets specified requirements concerning preexisting condition provisions, waiting or affiliation periods, and late enrollees. Existing law, the federal Patient Protection and Affordable Care Act (PPACA) , commencing January 1, 2014, prohibits a group health plan and a health insurance issuer offering group or individual health insurance coverage from imposing any preexisting condition exclusion with respect to the plan or coverage. This bill would prohibit a stop-loss insurer, as defined, from excluding any employee or dependent on the basis of actual or expected health status-related factors, as specified. Except as specified, the bill would require a stop-loss insurer to renew, at the option of the small employer, all stop-loss insurance policies. The bill would prohibit a stop-loss insurance policy issued, reissued, or renewed on or after January 1, 2014, and prior to January 1, 2016, except as provided, to a small employer from containing certain individual or aggregate attachment points for a policy year or providing direct coverage, as defined, of an employee or his or her dependent. The bill would require a stop-loss insurer to report to the Department of Insurance, on April 1, 2014, and annually thereafter, the number of small employer stop-loss policies it had issued and in effect in the previous year, as specified. The bill would make a stop-loss insurer in violation of these provisions subject to administrative penalties and would prohibit the act from affecting the ongoing operations of multiple employer welfare arrangements that provide health care benefits to their members on a self-funded or partially self-funded basis and that comply with small group health reforms.
Who sponsors SB 161?
SB 161 is sponsored by Hernandez.
What is the current status of SB 161?
This bill has been enacted into law. Introduced February 01, 2013. Enacted.
Where can I track SB 161?
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